The general principles outlined above in relation to Site Conditions, including the definition for Contamination Compensation Event, may be varied on a project specific basis depending on the state or condition of the Site. For example, the State may consider an alternative risk allocation, which it will set out in its RFP documentation:
• where the Project involves the extension or modification of existing infrastructure where it is difficult to access the Project Area to carry out investigations such as dilapidation surveys and to gain a good understanding of the condition of the asset;
• depending upon the amount of site investigation work undertaken by the State;
• where the extent, impact or nature of pre-existing Contamination cannot reasonably be adequately assessed before or during the procurement process;
• where there is extensive pre-existing Contamination of the Project Area; or
• where the State considers extending or reducing Project Co's Remediation obligations will provide value for money for the State.
The prevention of nuisance is to be reviewed on a project specific basis. There may be circumstances where the level set out in the Environmental Management Plan is too high, in which case, the Project Deed should include an obligation to reduce noise levels to the State's reasonable requirements.
The PV Standard Project Deeds carve out the asset condition from any State (or State Associate) representations, warranties, guarantees or any duty of care obligations (clause 10.1(e)). This needs to be considered on a project specific basis, as it will not be required if there are no Project Assets made available by or on behalf of the State during the Term.